How to characterize property during a divorce in Texas.

Nathan Templeton Anderson

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Litigation Lawyer - Dallas, TX

Contributor Level 10

Posted almost 5 years ago. Applies to Texas, 1 helpful vote



Community property presumption.

All marital property is characterized as separate or community. Community property is property that is acquired or created during the marriage by either spouse. It is presumed that all property acquired during marriage is community property. The burden to show property is not community property is through clear and convincing evidence. Generally, all property that was acquired by either spouse during marriage is community property.


Separate property.

Separate property includes property owned prior to marriage, property acquired by gift or inheritance. Separate property also includes property recovered for personal injury, including bodily injury, mental anguish and pain and suffering.


Inception of title.

Under the inception of title rule, a property's character is based on the time and manner which a person first acquires an ownership interest in the property. If a person first acquires the interest prior to marriage, then generally the property will be characterized as separate. If the property acquires the interest DURING marriage, then the property will be characterized as community.

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